Kerala High Court Weekly Round-Up: July 21- 27, 2025

Update: 2025-07-28 03:45 GMT
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Nominal Index [Citations: 2025 LiveLaw (Ker) 437- 457]Manoj v State of Kerala, 2025 LiveLaw (Ker) 437R. Rajesh v. High Court of Kerala, 2025 LiveLaw (Ker) 438Sayid Muhammed v The Directorate of Enforcement, 2025 LiveLaw (Ker) 439Sajudheen & Ors v. Sub Inspector of Police & Anr, 2025 LiveLaw (Ker) 440Kumaran. v. State of Kerala, 2025 LiveLaw (Ker) 441Sajeesh A v State of Kerala,...

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Nominal Index [Citations: 2025 LiveLaw (Ker) 437- 457]

Manoj v State of Kerala, 2025 LiveLaw (Ker) 437

R. Rajesh v. High Court of Kerala, 2025 LiveLaw (Ker) 438

Sayid Muhammed v The Directorate of Enforcement, 2025 LiveLaw (Ker) 439

Sajudheen & Ors v. Sub Inspector of Police & Anr, 2025 LiveLaw (Ker) 440

Kumaran. v. State of Kerala, 2025 LiveLaw (Ker) 441

Sajeesh A v State of Kerala, 2025 LiveLaw (Ker) 442

Suo Motu v State of Kerala, 2025 LiveLaw (Ker) 443

Sobin P.K. v. State of Kerala and Ors., 2025 LiveLaw (Ker) 444

Antony v. Tata Tea Ltd., 2025 LiveLaw (Ker) 445

Radhakrishnan Nair v CBI, 2025 LiveLaw (Ker) 446

Riyas and Ors v State of Kerala and Ors, 2025 LiveLaw (Ker) 447

Zainul Abideen Karumbil vs. State Of Kerala and another, 2025 LiveLaw (Ker) 448

RDO and Anr. v. Thomas Daniel and connected cases, 2025 LiveLaw (Ker) 449

Bibin Paulson v. State of Kerala, 2025 LiveLaw (Ker) 450

P.C. Hari v. Shine Varghese and Anr., 2025 LiveLaw (Ker) 451

T.S. v. State of Kerala and Anr., 2025 LiveLaw (Ker) 452

X v Y, 2025 Livelaw (Ker) 453

AA v State of Kerala and Ors, 2025 LiveLaw (Ker) 454

Glister Sachet India Pvt. Ltd. v. State of Kerala and Ors. and connected cases, 2025 LiveLaw (Ker) 455

Suresh v State of Kerala, 2025 LiveLaw (Ker) 456

Koovatt Laila v State of Kerala, 2025 LiveLaw (Ker) 457

Judgments/ Orders This Week

Motorbike Constitutes 'Dangerous Weapon' U/S 324 IPC If Used To Cause Harm to Human Body: Kerala High Court

Case Title: Manoj v State of Kerala

Citation: 2025 LiveLaw (Ker) 437

The Kerala High Court has held that a motorbike can qualify as a 'dangerous weapon' under Section 324 of the Indian Penal Code, if it is used intentionally to cause harm.

Justice Kauser Edappagath delivered the judgment interpreting the provision which penalizes the offence of "voluntarily causing hurt by dangerous weapons or means" in a criminal revision petition filed by the petitioner who was convicted for the offence under section 324 of IPC.

Kerala High Courts Rejects Ex-MLA R Rajesh's Appeal Against Initiation of Contempt Case Over FB Post Against Judge

Case Title: R. Rajesh v. High Court of Kerala

Citation: 2025 LiveLaw (Ker) 438

The Kerala High Court on Monday (July 21) held that the appeal preferred by former MLA R. Rajesh against the criminal contempt proceedings initiated against him for making a 'stinking Facebook post' against a sitting judge, was not maintainable.

The division bench of Justice Anil K. Narendran and Justice Muralee Krishna S. was hearing the question of maintainability of the appeal.

Kerala High Court Denies Bail To Accused In Chinese Loan App Money Laundering Case

Case Title: Sayid Muhammed v The Directorate of Enforcement

Citation: 2025 LiveLaw (Ker) 439

Kerala High Court recently dismissed the bail plea of Sayid Muhammed, the fifth accused in the alleged Chinese Loan application scam who has been booked for offences under Prevention of Money Laundering Act.

Justice Bechu Kurian Thomas, dismissed the regular bail application stating that the investigation indicates the clear involvement of the petitioner as well as his active connection with the acquisition of proceeds of crime.

[DV Act] Victim's Sole Testimony Reliable For Conviction As Ill - Treatment Happens In Confines Of House: Kerala High Court Reiterates

Case Title: Sajudheen & Ors v. Sub Inspector of Police & Anr

Citation: 2025 LiveLaw (Ker) 440

While considering a cruelty case lodged against a husband and his kin, the Kerala High Court observed that sole evidence of a domestic violence victim is reliable for conviction in such cases as often ill-treatment and harassment happens within the confines of the house.

Justice Jobin Sebastian underscored that the testimony can be relied on as sole evidence for conviction provided it is convincing and reliable. In the facts of the present case, the high court acquitted the husband, kin in a Section 498-A IPC case, holding that the main allegation of forced abortion was not proved and that other allegations remained unsubstantiated.

S.326 IPC / Whether Stone Constitutes 'Dangerous Weapon' Depends On Its Nature, Size, Sharpness Or Potential To Cause Death: Kerala High Court

Case Title: Kumaran. v. State of Kerala

Citation: 2025 LiveLaw (Ker) 441

The Kerala High Court has held that a stone need not always be a 'dangerous weapon' for the purpose of attracting the offence under Section 326 of the Indian Penal Code (IPC).

Dr. Justice Kauser Edappagath, observed that it need not always be a dangerous weapon unless used as an instrument for cutting or used as such to be likely to cause death.

Kerala High Court Grants Bail To Police Official Accused Of Demanding ₹2K Bribe

Case Title: Sajeesh A v State of Kerala

Citation : 2025 LiveLaw (Ker) 442

The Kerala High Court recently granted regular bail to a Senior Civil Police Officer who was accused under Section 7(a) of the Prevention of Corruption Act for allegedly accepting bribes.

Justice A. Badharudeen observed that a prima facie case exists since the mahazar clearly showed that there was demand and acceptance of bribe by the accused.

Noting that the accused/petitioner is a first-time offender, who had been in custody since 02.07.2025, and that the investigation is well progressed, the Court granted him conditional bail.

Kerala High Court Issues Detailed Guidelines On Videography At Sabarimala Following Incidents Of Unauthorised Recording

Case Title:Suo Motu v State of Kerala

Citation: 2025 LiveLaw (Ker) 443

The Kerala High Court has expanded restrictions on videography and photography within the Sabarimala temple complex, directing the Travancore Devaswom Board (TDB) and police authorities to strictly enforce temple decorum and public safety.

The order, issued by the Division Bench of Justice Anil K. Narendran and Justice Muralee Krishna S, comes in response to suo motu proceedings based on a Special Commissioner's report detailing serious breaches of court-imposed restrictions during the Mandala-Makaravilakku festival season.

Police Inaction Against Obstruction Of Lawful Business Violates Fundamental Right Under Article 19(1)(g): Kerala High Court

Case Title: Sobin P.K. v. State of Kerala and Ors.

Citation: 2025 LiveLaw (Ker) 444

The Kerala High Court recently ordered police protection in a plea preferred by a quarry entrepreneur, who was prevented from conducting scientific study in order to start quarry operations.

Justice N. Nagaresh observed that “In our country governed by Rule of Law, every citizen has a right to do any business or pursue any avocation permissible under law, following the provisions of law. Whether such an avocation/business is to be permitted or not, is for the competent authorities under the State to decide.”

Change In Company's Name Does Not Affect Benefits Obtained From Favourable Decree Awarded To It: Kerala High Court

Case Title: Antony v. Tata Tea Ltd.

Citation: 2025 LiveLaw (Ker) 445

In its recent judgement, the Kerala High Court has held that the change in name of a company, without any change in its constitution, would not affect the benefit obtained by it from a decree in its favour.

Justice Easwaran S. observed, “The decree passed in favour of the erstwhile company, whose name was the subsequently changed will enure to the benefit of the company inasmuch as there is no change in the constitution and that the name of the entity alone is changed.”

'Prima Facie' Committed The Offence: Kerala High Court Refuses To Discharge Public Servant Accused In Alleged ₹7 Crore Loan Fraud Case

Case Title- Radhakrishnan Nair v CBI

Citation - 2025 LiveLaw (Ker) 446

While reiterating the legal threshold for discharge under CrPC, the Kerala High Court dismissed the plea of a public servant accused of conspiracy and cheating in respect of Rs 7 crore loan fraud case seeking discharge from offences alleged against him, observing that there a "prima facie" case was made out.

Justice A. Badharudeen, in his judgement affirmed the trial court's decision to proceed with the charges against the petitioner, the then regional manager at SBI, accused of offences punishable under Section 120 B(criminal conspiracy), 409(criminal breach of trust) and 420 (cheating) of IPC and provisions of the Prevention of Corruption Act.

Assault On Advocate Can't Be Viewed Lightly, Impacts Fundamental Right Of Access To Justice: Kerala High Court

CaseTitle - Riyas and Ors v State of Kerala and Ors

Citation - 2025 LiveLaw (Ker) 447

The Kerala High Court has observed that any attack on an advocate for carrying out professional duties poses a direct threat to the rule of law and access to justice. It thus refused anticipatory bail to nine accused in an assault case involving a practicing advocate.

Justice Bechu Kurian Thomas observed,“ Assaulting an Advocate for drafting a complaint cannot be viewed lightly. The fundamental right to have access to courts of law is enabled largely through Advocates. If Advocates are attacked for drafting complaints, rule of law will suffer.”

Kerala High Court Denies Anticipatory Bail To Man Accused Of Leaking Class 10 Question Paper On YouTube

Case title: Zainul Abideen Karumbil vs. State Of Kerala and another

Citation: 2025 LiveLaw (Ker) 448

The Kerala High Court on Thursday (July 10) dismissed the anticipatory bail plea of one Zainul Abideen Karumbil, accused, along with others, of leaking school examination question papers via a YouTube channel named 'M.S. Solutions'.

A bench of Justice Bechu Kurian Thomas, who heard the matter, took note of the serious nature of the allegations and observed that his custodial interrogation is necessary.

No Stamp Duty On Sale Certificate Issued By Banks/Revenue Authorities To Auction Purchaser : Kerala High Court

Case Title: RDO and Anr. v. Thomas Daniel and connected cases

Citation: 2025 LiveLaw (Ker) 449

The Kerala High Court recently held that a sale certificate issued by a bank/revenue authority to an auction purchaser following the sale of immovable property that belonged to a revenue defaulter will not attract the levy of stamp duty.

A Division Bench consisting of Dr. Justice A.K. Jayasankaran Nambiar and Justice P.M. Manoj was considering a batch of writ appeals preferred by the government against the Single Bench's decision that held that stamp duty ought not be levied on such sale certificates.

Magistrate Courts Can Order Release Of Vehicles Seized For Illegal Waste Dumping: Kerala High Court Clarifies Its Suo Motu Order Not A Bar

Case Title: Bibin Paulson v. State of Kerala

Citation: 2025 LiveLaw (Ker) 450

The Kerala High Court has clarified that it had not, in its suo motu case concerning waste management in the State, prohibited the Magistrates from releasing vehicles seized for illegal waste dumping.

Justice P.V. Kunhikrishnan, who was considering the petition, observed that no bar was imposed on the Magistrate in the suo motu case.

Breaking- S.138 NI Act | Cheque Dishonour Case Not Sustainable For Cash Debt Above Rs 20,000 Without Valid Explanation : Kerala High Court

Case Title: P.C. Hari v. Shine Varghese and Anr.

Citation: 2025 LiveLaw (Ker) 451

The Kerala High Court recently passed a judgment declaring that debt created by a cash transaction above Rupees Twenty Thousand in violation of the Income Tax (IT) Act, 1961 cannot be considered as a legally enforceable debt unless there is a valid explanation for the same.

Justice P.V. Kunhikrishnan clarified that even so, a person accused of offence under Section 138 of the Negotiable Instruments (NI) Act must challenge such transactions in evidence and has to rebut the presumption under Section 139 NI Act.

'Court Must Ensure No Corrupt Person Gets Liberal Relief': Kerala HC Denies Anticipatory Bail To Doctor Accused Of Forging Degree

Case Title: Seema T.S. v. State of Kerala and Anr.

Citation: 2025 LiveLaw (Ker) 452

The Kerala High Court has denied anticipatory bail to a lady doctor, who was accused of forging her Post-Graduation diploma certificate and obtaining registration from the Travancore Cochin Medical Council using the forged certificate.

Justice A. Badharudheen observed that “…it is the duty of the court to ensure, in corruption cases in particular that none of the corrupt person, should get liberal relief, so as to perpetuate corruption, taking such cases in a light manner,

Need To Guard Against Parties Resiling From Mediated Settlements: Kerala High Court Rejects Appeal Against Consent Decree

Case Title - X v Y

Citation - 2025 Livelaw (Ker) 453

The Kerala High Court has recently reaffirmed the sanctity of court-mediated settlements while dismissing two matrimonial appeals challenging a compromise decree entered into through mediation.

The Division Bench comprising Justice Devan Ramachandran and Justice M.B. Snehalatha emphasized that parties cannot be permitted to resile from settlements solemnized through judicial process, cautioning that any such attempts could undermine public trust in the justice system.

Father's Name In Birth Certificate Can't Be Changed Without Court Order, DNA Test Report : Kerala High Court

Case Title - AA v State of Kerala and Ors

Citation - 2025 LiveLaw (Ker) 454

The Kerala High Court recently held that a Registrar of Births and Deaths has no authority to unilaterally alter the paternity details in a birth certificate where the child was born during a valid marriage, without a court order or notice to the lawful father.

Justice C S Dias delivered the judgement where the petitioner challenged a revised birth certificate issued by Payyanur Municipality, without following the procedure established by law.

Kerala High Court Upholds Govt Orders Banning Single-Use Plastic Across State

Case Title: Glister Sachet India Pvt. Ltd. v. State of Kerala and Ors. and connected cases

Citation: 2025 LiveLaw (Ker) 455

The Kerala High Court has recently passed a judgment upholding three state Government Orders (GOs) passed in 2019 banning single-use plastic in the State.

Justice Viju Abraham was considering a batch of writ petitions preferred by Kerala Plastics Manufacturers Associations and several other persons challenging the government orders passed as early as in 2019.

Police Must Adopt Digital Reforms Brought By BNSS; Use 'E-Sakshya' For Evidence Documentation : Kerala High Court

Case Title - Suresh v State of Kerala

Citation - 2025 LiveLaw (Ker) 456

The Kerala High Court has issued a directive to the State Police, urging immediate and comprehensive reform of investigative practices in line with the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. Highlighting the critical need for foolproof investigations in heinous crimes such as murder, the Court called on the State Police to urgently upgrade their investigative capabilities through modern training, updated protocols, and strategic investments in forensic technology.

The Bench comprising Justice Raja Vijayaraghavan V and Justice K V Jayakumar made these observations while acquitting a man previously convicted of murder due to glaring investigative lapses.

No Double Tax After Building Regularization, Assessee Liable To Pay Tax At Regular Rate Only: Kerala High Court

Case Title - Koovatt Laila v State of Kerala 

Citation - 2025 LiveLaw (Ker) 457

The Kerala High Court has held that double tax is not leviable after building regularisation, and the assessee is liable to pay tax at the regular rate only.

Justice Ziyad Rahman A.A. stated that “once a regularization came into effect, the liability of the petitioners is to pay the tax at the regular rate, as the said building cannot be treated as unauthorised for that period.”

Other Important Developments This Week

Is A Hindu Wife Entitled To Receive Maintenance From Immovable Property Of Husband? Kerala High Court Refers To Full Bench

Case Title: Sulochana v. Anitha and Ors.

Case No: Mat.Appeal No.1093 of 2014

The Kerala High Court has referred for consideration of the Full Bench the question of entitlement of a Hindu wife to receive maintenance from the immovable property of her husband.

The Division Bench of Justice Satish Ninan and Justice P. Krishna Kumar framed the following questions for consideration by the Full Bench:

"(a) Is a Hindu wife entitled to receive maintenance from the immovable property of her husband dehors the provisions of the Hindu Adoptions and Maintenance Act, 1956?

(b) Is there not an apparent conflict between the views expressed in Vijayan v. Sobhana and Others [LIR 2007 (1) Kerala 822], or Sathiyamma v. Gayathri and Others [2013 (3) KHC 322], Nysha v. P.Suresh Babu (MANU/KE/2266/2019) and Hadiya (Minor) v. Shameera M.M. [2025 (3) KHC 131], and what is the correct law?"

Kerala High Court Takes Suo Moto Cognizance Of Students' Letter About Flooding Of Village School, Asks Collector To Take Steps

Case Title: Suo Motu Proceedings Initiated by the High Court v. State of Kerala and Ors.

Case No: WP(PIL) 87/2025

The Kerala High Court today took suo moto cognizance of a letter addressed to the Chief Justice by around 200 students of SNDP Higher Secondary School, stating that their campus located below sea-level in Kainakary Grama Panchayat in Kuttanad district of Alappuzha has been submerged in water since over a month.

The bench of Chief Justice Nitin Jamdar and Justice Basant Balaji took up the matter on Wednesday (July 23) and passed an interim order directing the District Collector of the area to call for a joint meeting of the officers concerned.

Kerala High Court Stays Installation Of Panchaloha Idol Of Lord Ayyappa At Sabarimala By Private Individual

Case Title - Suo Motu v State of Kerala and Ors

Case No - SSCR 18/ 2025

The Kerala High Court has stayed a purported order of the Travancore Devaswom Board permitting installation of a Panchaloha idol of Lord Ayyappa at the Sabarimala Temple by a private individual

The division bench comprising Justice Anil K Narendran and Justice Muralee Krishna S, while hearing a Suo motu case initiated on a report of the Special Commissioner, Sabarimala, stayed the order for a period of two weeks.

529 NDPS Trials Pending Due To Delay In Forensic Reports': Kerala High Court Directs State, PSC To Take Action

Case Title: Sumi Joseph v. The Chief Secretary and Connected cases

Case No: W.P.(C) No. 23505 of 2023 and Connected cases

The Kerala High Court has noted that more than 500 cases under the NDPS Act (Narcotic Drugs and Psychotropic Substances Act) are pending before the trial courts due to delay in getting reports from the Forensic Science laboratories (FSL).

The Special Bench of Chief Justice Nitin Jamdar and Justice C. Jayachandran was hearing petitions for curbing the drug menace in the State.

UGC, KeLSA Submit Proposals Before Kerala High Court On Draft Suggestions For Amending Anti-Ragging Act, Rules

Case Title: Kerala State Legal Service Authority v. Government of Kerala and Others

Case No: WP(C) No. 8600 of 2025

The Kerala State Legal Services Authority (KeLSA) and the University Grants Commission (UGC) have submitted their respective suggestions on the two drafts prepared by the Working Committee, which was constituted to give suggestions for amendment to the Anti-Ragging Act and Rules.

A Special Bench of Chief Justice Nitin Jamdar and Justice C. Jayachandran was considering a petition moved by KeLSA regarding the menace of ragging in the State.

Kerala High Court Issues Notice To CM's Daughter, Others On BJP Leader's Plea For Further Probe Into CMRL-Exalogic Alleged Fraud Case

Case Title: Shone George v. Ministry of Corporate Affairs and Ors.

Case No: WP(C) No. 25482/2025

The Kerala High Court on Wednesday (July 23) issued notice to Chief Minister Pinarayi Vijayan's daughter Veena T., and 11 others in a plea preferred by BJP leader Shone George seeking further investigation into the alleged fraudulent transactions between Exalogic Solutions Private Limited and Cochin Minerals and Rutile Ltd. (CMRL).

The matter was listed before Justice C S Dias

Trivandrum Bar Association Moves Kerala HC To Join As Party In KHCAA's PIL Challenging Increased Court Fees

Case title: KERALA HIGH COURT ADVOCATES ASSOCIATION (KHCAA) v/s STATE OF KERALA & OTHER

Case No: IA No. 4/2025 in WP(PIL) 14/ 2025

The Trivandrum Bar Association has moved the Kerala High Court seeking to implead itself as 4th additional respondent in KHCAA's plea against increased court fees.

As per the affidavit sworn by the Secretary of Trivandrum Bar Association, it is stated that the increased fee is disproportionate to the prevailing inflation rate and that this is an arbitrary enhancement, which constitutes an unnecessary burden on the litigants.

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